When Can You Evict a DC Tenant?
There are many steps in the process before a landlord may rightfully evict a tenant under Washington, DC, laws. It is important that the property owner follow legal procedures or the eviction may be overturned. Timing is a critical component in proper execution of eviction laws.
Eviction
Eviction is the process of a landlord removing a tenant from his rental property for violating provisions of the lease, such as failing to pay rent. Generally, with completion of the eviction process, the tenant will have a period to vacate the premises or the landlord may actively remove the tenant from the property.
Evicting a Tenant in DC
You may seek eviction for tenants in DC by filing a case in Landlord and Tenant Court, a division of DC Superior Court. You must file a Complaint for Possession. You may sue to evict the tenant if he violates terms of the lease. If the eviction is not because of failure to pay rent, you will need to bring a Notice to Correct and/or Vacate, with copies in both English and Spanish. The court will set a hearing date for three to four weeks after you file your complaint, and you must give your tenant notice of the lawsuit. If the court awards you a judgment for possession, you may evict the tenant.
Waiting Period
You may evict a tenant 48 hours after you receive a judgment or a default in the Landlord and Tenant Court. Prior to eviction, you must file a writ of restitution that effectively orders the tenant to leave.
Time to Vacate
After the eviction process, DC law gives tenants a certain amount of time to vacate the premises depending on the reason for the eviction. If a tenant violates the lease, the time to vacate is 30 days. If a landlord wishes to use the property himself or sell it for use by a purchaser, the tenant has 90 days to leave. If the rental property requires substantial rehabilitation or there are renovations or alterations because of unsafe conditions, the period is 120 days. If the property will cease to be a rental property or the structure faces demolition, the tenant must vacate within 180 days.
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